BIHAR
MENTAL HEALTHCARE (STATE MENTAL HEALTH AUTHORITY) RULES, 2023
PREAMBLE
In exercise of power conferred by sub section (2)
of section 121 of the Mental Health Care Act, 2017(10 of 2017), the Government
of Bihar, hereby, make following rules relating to the administration of the
State Mental Health Establishments, namely :-
CHAPTER I
Rule - 1. Short title, Extent and Commencement.
(i) Short Title. These rules may be called "The Bihar Mental Healthcare
(State Mental Health Authority) Rules, 2023.
(ii) Extension. It shall extend to the whole State of Bihar.
(iii) Commencement. It shall come into force on such date as may be notified
in the Official Gazette of Bihar.
Rule - 2. Definition.
(1) In these rules, unless the context otherwise requires-
(a) "Act" means the Mental Healthcare Act, 2017 (10 of 2017) of
Government of India.
(b) "Board" means the Mental Health Review Board constituted by
the State Authority under the Act.
(c) "Form" means a form appended to these rules;
(d) "Non-official member" means a member of the State Authority
nominated under clauses (g) to (n) of sub section (1) of section 46 of the Act.
(e) "Prescribed" means prescribed by regulation issued by the
State Mental Health Authority of Bihar, under section 123 of the Act.
(f) "Regulations" means the regulations issued by the State
Authority under sub section (1) of section 123 of the Act to carry out the
provisions of this Act.
(g) "Rules" means "The Bihar Mental Healthcare (State Mental
Health Authority) Rules, 2023.
(h) "Section" means section of the Act.
(i) "State Government" means the State Government of Bihar.
(j) "State Authority or Authority" means State Mental Health
Authority of the State of Bihar constituted under section 45 of the Act.
(2) The words and expressions used herein and not defined, but defined in
the Act or, as the case may be, in the Indian Medical Council Act, 1956 (102 of
1956) or in the Indian Medicine Central Council Act, 1970 (48 of 1970), in so
far as they are not inconsistent with the provisions of the Act, shall have the
meanings as assigned to them in the Act or, as the case may be, in those
enactments.
CHAPTER II STATE MENTAL HEALTH AUTHORITY
Rule - 3. Establishment of State Mental Health Authority.
The State Government shall, by notification,
Establish, for purposes of this Act, an Authority to be known as the State
Mental Authority.
Rule - 4. Composition of State Mental Health Authority.
(1) The State Authority shall consist of the following chairperson and
members:
(a) Secretary or Principal Secretary or Additional Chief Secretary in the
Department of Health of State Government chairperson ex officio;
(b) Joint Secretary in the Department of Health of the State Government, in
charge of mental health member ex officio;
(c) Director-in-Chief of Health Services or Medical Education member ex
officio;
(d) Joint Secretary in the Department of Social Welfare of the State Government
member ex officio;
(e) The State Government shall nominate persons, not below the rank of Joint
Secretary in the Departments of Home, Finance and Law to be ex-officio members
of State Authority under clause (e) of sub-section (1) of Section 46 of the
Act;
(f) Head of any of the Mental Hospitals in the State or Head of Department
of Psychiatry at any Government Medical College, to be nominated by the State
Government member;
(g) one eminent psychiatrist from the State not in Government service to be
nominated by the State Government member;
(h) one mental health professional as defined in item (iii) of clause (r) of
subsection (1) of section 2 of the Act as well as sub rule(iii) of 15, of these
rules, having at least fifteen years’ experience in the field, to be nominated
by the State Government member;
(i) one psychiatric social worker having at least fifteen years’ experience
in the field, to be nominated by the State Government member;
(j) one clinical psychologist having at least fifteen years’ experience in
the field, to be nominated by the State Government member;
(k) one mental health nurse having at least fifteen years’ experience in the
field of mental health, to be nominated by the State Government member;
(l) two persons representing persons who have or have had mental illness, to
be nominated by the State Government member;
(m) two persons representing care-givers of persons with mental illness or
organisations representing care-givers, to be nominated by the State Government
members;
(n) two persons representing non-governmental organisations which provide
services to persons with mental illness, to be nominated by the State
Government members.
(2) The members referred to in clauses (f) to (n) of rule 4, shall be
nominated by the State Government.
Rule - 5. Norms for selection of non-official members of State Authority.
A person shall not be selected as a non-official
member of State Authority unless, he-
(i) is an Indian National;
(ii) is of the age not exceeding sixty-seven years;
(iii) Possesses qualification and experience as specified in rule 5 of Mental
Healthcare (State Mental Health Authority) Rules 2018.
Rule - 6. Invitation of application for the posts of non-official members of State Authority.
A vacancy for the post of non- official member of
the State Authority shall be given wide publicity through open advertisement in
at least two daily newspapers (one English and one Local Language) having wide
circulation in the State and the advertisement shall also be made available on
the website of the Department of Health.
Rule - 7. Selection Committee for nomination of non-official members of State Authority.
The Selection Committee for nomination of
non-official members of the State Authority shall consist of a Chairperson who
shall be the Chairperson of the State Authority and two independent experts
having experience in the field of mental healthcare, to be nominated by the
State Government.
Rule - 8. Procedure for nomination of non-official members of State Authority.
(1) The Selection Committee constituted under rule 7 shall consider all
applications received by the Department and scrutinize such applications which
fulfill the requirements of Section 46 of the Act and rule 4 and 5 of these
rules.
(2) The Selection Committee shall, having regard to the provisions of the
Act and these rules, decide about the suitability of the applicants for being
selected as members of the State Authority:
Provided that in case of persons to be nominated
under sub-rule (3) of rule 5, preference shall be given to the persons with ten
years of experience in dealing with persons with mental illness.
(3) The State Government shall nominate the persons selected by the
Selection Committee as members of the State Authority.
Rule - 9. Terms of office.
(1) Non- official members.-
The members of the State Authority referred to in
clauses (f) to (n) of sub-section (1) of section 46 shall hold office as such
for a term of three years from the date of nomination and shall be eligible for
reappointment:
Provided that a member shall not hold office as
such after he has attained the age of seventy years.
(2) Ex officio members.-
The chairperson and other ex officio members of the
State Authority shall hold office as such chairperson or member, as the case
may be, so long as he holds the office by virtue of which he is nominated.
(3) Resignation-.
A non-official member of the State Authority may,
by notice in writing under his hand addressed to the State Government, may
resign from his office:
Provided that a member shall, unless he is
permitted by the State Government to relinquish his office sooner, continue to
hold office until the expiry of three months from the date of receipt of such
notice or until a person duly appointed as his successor enters upon office or
until the expiring of his term of office, whichever is earliest
(4) Filling of Vacancies.-
The State Government shall, within two month from
the date of occurrence of any vacancy by reason of death, resignation or
removal of a member of the Authority and three months before the superannuation
or completion of the term of office of any member of the Authority, make
nomination for filling up of the vacancy.
(5) Allowances for non-official members of State Authority.-
Every non-official member attending the meeting of
the State Authority shall be entitled to sitting allowance of rupees two
thousand and travelling allowance as well as daily allowance as are applicable
to the officers of pay level -11 of the State Government.
Rule - 10. Officers and other employees of State Authority.
(1) There shall be a chief executive officer of the State Authority, not
below the rank of the Deputy Secretary to the State Government, to be appointed
by the State Government.
(2) The State Authority may, with the approval of the State Government,
determine the number, nature and categories of other officers and employees
required by the State Authority for discharge of its functions.
(3) The salaries and allowances payable to, and the other terms and
conditions of service (including the qualifications, experience and manner of
appointment) of the chief executive officer and other officers as well as
employees of the State Authority shall be such as may be specified by
regulations with the approval of the State Government.
Rule - 11. Functions of chief executive officer of State Authority.
(1) The chief executive officer shall be the legal representative of the
State Authority and shall be responsible for
(a) the day-to-day administration of the State Authority;
(b) implementing the work, programmes and decisions adopted by the State
Authority;
(c) drawing up of proposal for the State Authority's work programmes;
(d) the preparation of the statement of revenue and expenditure and the
execution of the budget of the State Authority.
(2) Every year, the chief executive officer shall submit to the State
Authority for approval
(a) a general report covering all the activities of the Authority in the
previous years
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(3) The chief executive officer shall have administrative control over the
officers and other employees of the State Authority.
Rule - 12. Functions of State Authority.
(1) The State Authority shall
(a) register all mental health establishments in the State except those
referred to in section 43 and maintain and publish (including online on the
internet) a register of such establishments;
(b) develop quality and service provision norms for different types of
mental health establishments in the State;
(c) supervise all mental health establishments in the State and receive
complaints about deficiencies in provision of services;
(d) register clinical psychologists, mental health nurses and psychiatric
social workers in the State to work as mental health professionals, and publish
the list of such registered mental health professionals in such manner as may
be specified by regulations made by the State Authority;
(e) train all relevant persons including law enforcement officials, mental
health professionals and other health professionals about the provisions and
implementation of this Act;
(f) discharge such other functions with respect to matters relating to
mental health as the State Government may decide:
Provided that the mental health establishments in
the State (except those referred to in section 43), registered, before the
commencement of this Act, under the Mental Health Act, 1987 or any other law
for the time being in force, shall be deemed to have been registered under the
provisions of this Act and copy of such registration shall be furnished to the
State Authority.
(2) The procedure for registration (including the fees to be levied for such
registration) of the mental health establishments under this section shall be
such as may be prescribed by the State Authority.
Rule - 13. Meetings of State Authority.
(1) The State Authority shall meet at such times (not less than four times
in a year) and places and shall observe such rules of procedure in regard to
the transaction of business at its meetings (including quorum at such meetings)
as may be specified by regulations made by the State Authority.
(2) If the chairperson, for any reason, is unable to attend a meeting of the
State Authority, the senior- most member shall preside over the meetings of the
Authority.
(3) All questions which come up before any meeting of the State Authority
shall be decided by a majority of votes by the members present and voting and
in the event of an equality of votes, the chairperson or in his absence the
member presiding over shall have a second or casting vote.
(4) All decisions of the State Authority shall be authenticated by the
signature of the chairperson or any other member authorised by the State
Authority in this behalf.
(5) If any member, who is a director of a company and who as such director,
has any direct or indirect pecuniary interest in any manner coming up for
consideration at a meeting of the State Authority, he shall, as soon as
possible after relevant circumstances have come to his knowledge, disclose the
nature of his interest at such meeting and such disclosure shall be recorded in
the proceedings of the Authority, and the member shall not take part in any
deliberation or decision of the State Authority with respect to that matter.
Rule - 14. Furnishing of information.
The State Government may call for information
concerning the activities of the State Authority or the Board periodically or
as and when required by it and the State Authority or the Board, as the case
may be, shall furnish such information in Form-A.
CHAPTER III QUALIFICATION OF MENTAL HEALTH PROFESSIONALS
Rule - 15. Mental Health Professionals.
The State Government shall recognize following
professional as "mental health professional"
(i) a psychiatrist as defined in clause (y) of the Act; or
(ii) a professional registered with the concerned State Authority under
section 55 of the Act; or
(iii) a professional having a post-graduate degree (Ayurveda) in Mano Vigyan
Avum Manas Roga or a post-graduate degree (Homoeopathy) in Psychiatry or a
post-graduate degree (Unani) in Moalijat (Nafasiyatt) or a post-graduate degree
(Siddha) in Sirappu Maruthuvam;
Rule - 16. Recognition to be Psychiatrist.
Under clause (y) of sub-section (1) of Section 2 of
the Act, the State Government shall recognize any Medical Practitioner as
Psychiatrist possessing a post-graduate degree or diploma in psychiatry awarded
by an university recognized by the University Grants Commission established
under the University Grants Commission Act, 1956 (3 of 1956) or awarded or
recognized by the National Board of Examinations and included in the First
Schedule to the Indian Medical Council Act, 1956 (102 of 1956) or recognized by
the Medical Council of India, constituted under the Indian Medical Council Act,
1956 (102 of 1956) National Medical Commission constituted under National
Medical Commission Act, 2019( 30 of 2019) and includes any medical officer who
having regard to his knowledge and experience in psychiatry has been declared
by the State Government to be a psychiatrist for the purposes of this Act;
Rule - 17. Qualifications for Clinical Psychologist.
(1) Under clause (g) of subsection (1) of Section 2 of the Act, the
qualifications for Clinical Psychologist shall be
(i) a recognized qualification in Clinical Psychology from an institution
approved and recognized, by the Rehabilitation Council of India, constituted
under section 3 of the Rehabilitation Council of India Act, 1992 (34 of 1992)
or
(ii) a Post-Graduate degree in Psychology or Clinical Psychology or Applied
Psychology and a Master of Philosophy in Clinical Psychology or Medical and
Social Psychology obtained after completion of a full time course of two years
which includes supervised clinical training from any University recognized by
the University Grants Commission established under the University Grants
Commission Act, 1956 (3 of 1956) and approved and recognized by the
Rehabilitation Council of India Act, 1992 (34 of 1992) or such recognized
qualification as may be prescribed.
Rule - 18. Qualifications for Psychiatric Social Worker.
Under clause (x) of subsection (1) of Section 2 of
the Act, the qualifications for Psychiatric Social Worker shall be a
post-graduate degree in Social Work and a Master of Philosophy in Psychiatric
Social Work obtained after completion of a full time course of two years which
includes supervised clinical training from any University recognized by the
University Grants Commission established under the University Grants Commission
Act, 1956 or such recognized qualification for Psychiatric social work as may
be notified in official Gazette by the State Government from time to time for
the purposes of this Act.
Rule - 19. Mental Health Nurse.
Under clause (q) of sub-section (1) of Section 2
the qualifications for "Mental Health Nurse" shall be a person with a
diploma or degree in general nursing or diploma or degree in psychiatric
nursing recognised by the Nursing Council of India established under the
Nursing Council of India Act, 1947 and registered as such with the relevant
nursing council in the State.
Rule - 20. Mental Health Establishment.
Under clause (p) of sub-section (1) of Section 2 of
the Act, a health establishment, including Ayurveda, Yoga and Naturopathy,
Unani, Siddha and Homoeopathy establishment, by whatever name called, either
wholly or partly, meant for the care of persons with mental illness,
established, owned, controlled or maintained by the State Government, local
authority, trust, whether private or public, corporation, co-operative society,
organisation or any other entity or person, where persons with mental illness
are admitted and reside at, or kept in, for care, treatment, convalescence and
rehabilitation, either temporarily or otherwise; and includes any general
hospital or general nursing home established or maintained by the State
Government, local authority, trust, whether private or public, corporation,
cooperative society, organisation or any other entity or person; shall be
recognized as "Mental Health Establishment" but does not include a
family residential place where a person with mental illness resides with his relatives
or friends;
Rule - 21. Provisional Registration of Mental Health Professional.
(1) Every mental health professional in the State shall be registered with
the State Authority.
(2) Every mental health professional referred to in rule 15 above shall
submit an application for provisional registration to the State Authority in
Form-F, containing details as specified therein, along with a fee, as decided
by State Authority.
(3) The State Authority shall, on being satisfied that the mental health
professional fulfils all the requirements as specified in clause (r) of
sub-section (1) of section-2 of the Act, grant to such mental health
professional, a provisional registration certificate.
CHAPTER V FINANCE, ACCOUNTS AND AUDIT
Rule - 28. Grants by State Government to State Authority.
The State Government may, after due appropriation
made by legislature by law in this behalf, make to the State Authority grants
of such sums of money as the State Government may think fit for being utilized
for the purposes of this Act.
Rule - 29. State Mental Health Authority Fund.
(1) There shall be constituted a Fund to be called the State Mental Health
Authority Fund and there shall be credited thereto-
(i) any grants and loans made to the State Authority by the Central/State
Government;
(ii) all fees and charges received by the State Authority under this Act; and
(iii) all sums received by the State Authority from such other sources as may
be decided upon by the State Government.
(2) The Fund referred to in sub-rule (1) shall be applied for meeting the
salary, allowances and other remuneration of the chairperson, other members,
chief executive officer, other officers and employees of the State
Authority/Boards and the expenses of the Authority/Boards incurred in the
discharge of its functions and for purposes of this Act.
Rule - 30. Accounts and audit of State Authority.
(1) The State Authority shall maintain accounts of its income and
expenditure relating to each year and prepare an annual statement of accounts
consisting of income and expenditure account and the balance sheet.
(2) Annual statement of accounts shall be submitted for audit not later than
30th June of each year in the common accounting format prescribed from time to
time by the Ministry of Finance for the central autonomous bodies or as nearer
thereto as the circumstances admit.
(3) The annual statement of accounts prepared under sub-rule (1) shall be
signed on behalf of the State Authority by the officer in-charge of accounts
and the Chief Executive Officer and shall be approved by the State Authority.
Rule - 31. Annual report of the State Authority.
(1) The State Authority shall prepare its annual report in Form-H and
forward it to the State Government within nine months of the end of the
financial year for being laid before each House of State Legislature.
(2) The annual report shall give a full account of the activities of the
State Authority during the previous year and shall include the audited accounts
of the year and the report of the Comptroller and Auditor General of India
thereon.
CHAPTER V FINANCE, ACCOUNTS AND AUDIT
Rule - 28. Grants by State Government to State Authority.
The State Government may, after due appropriation
made by legislature by law in this behalf, make to the State Authority grants
of such sums of money as the State Government may think fit for being utilized
for the purposes of this Act.
Rule - 29. State Mental Health Authority Fund.
(1) There shall be constituted a Fund to be called the State Mental Health
Authority Fund and there shall be credited thereto-
(i) any grants and loans made to the State Authority by the Central/State
Government;
(ii) all fees and charges received by the State Authority under this Act; and
(iii) all sums received by the State Authority from such other sources as may
be decided upon by the State Government.
(2) The Fund referred to in sub-rule (1) shall be applied for meeting the
salary, allowances and other remuneration of the chairperson, other members,
chief executive officer, other officers and employees of the State
Authority/Boards and the expenses of the Authority/Boards incurred in the
discharge of its functions and for purposes of this Act.
Rule - 30. Accounts and audit of State Authority.
(1) The State Authority shall maintain accounts of its income and
expenditure relating to each year and prepare an annual statement of accounts
consisting of income and expenditure account and the balance sheet.
(2) Annual statement of accounts shall be submitted for audit not later than
30th June of each year in the common accounting format prescribed from time to
time by the Ministry of Finance for the central autonomous bodies or as nearer
thereto as the circumstances admit.
(3) The annual statement of accounts prepared under sub-rule (1) shall be
signed on behalf of the State Authority by the officer in-charge of accounts
and the Chief Executive Officer and shall be approved by the State Authority.
Rule - 31. Annual report of the State Authority.
(1) The State Authority shall prepare its annual report in Form-H and
forward it to the State Government within nine months of the end of the
financial year for being laid before each House of State Legislature.
(2) The annual report shall give a full account of the activities of the
State Authority during the previous year and shall include the audited accounts
of the year and the report of the Comptroller and Auditor General of India
thereon.
CHAPTER VI AUDIT, INSPECTION AND ENQUIRY OF MENTAL HEALTH ESTABLISHMENTS
Rule - 32. Audit of Mental Health Establishments.
(1) The State Authority shall, for the purpose of conducting audit of
registered mental health establishments in the State, authorize one or more of
the following persons to ensure that such mental health establishments, comply
with the minimum standards specified under the Act, namely:-
(a) A representative of the District Collector/District Magistrate of the
district where the mental health establishment is situated;
(b) A representative of the State Human Rights Commission;
(c) A psychiatrist who is in Government service;
(d) A psychiatrist who is in private practice;
(e) A mental health professional who is not a psychiatrist;
(f) A representative of a non-governmental organization working in the area
of mental health;
(g) Representatives of the care-givers of persons with mental illness or
organizations representing care-givers; and
(h) Representatives of the persons who have or have had mental illness.
(2) For conducting audit of registered mental health establishment, the
State Authority shall charge a fee of Rs. 10,000/- (Rs. Ten Thousand) only by
way of a demand draft drawn in favor of the chairperson, State Mental Health
Authority payable at the place where the Authority is situated.
Rule - 33. Inspection and inquiry of Mental Health Establishments.
(1) The State Authority may, suo-motu or on a complaint received from any
person with respect to non-adherence of minimum standards specified by or under
the Act or on contravention of any provision thereof, order an inspection and
inquiry of any mental health establishment, to be made by one or more of the
following persons, namely:-
(a) a psychiatrist in Government service;
(b) a psychiatrist in private practice;
(c) a mental health professional who is not a psychiatrist;
(d) a representative of a non-governmental organization working in the area
of mental health;
(e) a police officer in charge of the police station under whose
jurisdiction, the mental health establishment is situated;
(f) a representative of the District Collector/District Magistrate of the
district where the mental health establishment is situated.
(2) The State Authority or the person authorized by it under sub-rule (1),
if it has reasons to, believe that a person is operating a mental health
establishment without registration or is not adhering to the minimum standards
specified by or under the Act or has been contravening any of the provisions,
of the Act or the rules and regulations made there under, enter and search such
mental health establishment.
(3) During search, the State Authority or the person authorized by it may
require the mental health professional in charge of the mental health
establishment to produce the original documents relating to its registration
with the State Authority and it shall be obligatory on the part of the mental
health establishment to, produce such documents.
(4) Within two days of completing search of the mental health establishment
under sub-rule (3), a written report of the findings of such search shall be
submitted to the Chairperson of the Authority.
(5) The Chairperson of the State Authority, shall, on receipt of the written
report under sub-rule (4), take such action as it deems fit, against the
defaulting mental health establishment in accordance with the provisions of the
Act.
CHAPTER VII MENTAL HEALTH REVIEW BOARDS
Rule - 34. Constitution of Mental Health Review Boards.
(1) The State Authority shall, by notification, constitute Mental Health
Review Boards in all the 9 (nine) divisions of the State.
(2) The Boards shall be located in the divisional headquarter.
(3) Each Board shall have the jurisdiction over all the districts of the
division concerned.
Rule - 35. Composition of Board.
(1) Each Board shall consist of following -
(a) A District Judge, or an officer of the State Judicial Services to be
appointed as District Judge or a retired District Judge, duly nominated by the
Hon'ble high court, Patna, who shall be Chairman of the Board;
(b) Representative of the District Collector or District Magistrate of the
districts in which the Board is to be constituted;
(c) Two members of whom one shall be a psychiatrist and the other shall be a
medical practitioner duly appointed by the State Authority;
(d) Two members who shall be persons with mental illness or care-givers or
persons representing organization of persons with mental illness or non-
governmental organization working in the field of mental health duly appointed
by the State Authority.
Rule - 36. Appointment of chairperson and members of Board.
(1) For the purpose of appointment of the chairperson of the Board under
clause (a), and the members of the Board under clauses (c) and (d) of
sub-section(1) of section 74, the State Authority shall call for applications
by giving wide publicity through open advertisement in at least two daily
newspapers (one English and one local language) having wide circulation in the
State and the advertisement shall also be made available on the website of the State
Authority:
Provided that the District Collector or District
Magistrate of the district in which the Board is situated shall nominate its
representative as the member of the Board under clause (b) thereof.
(2) The chief executive officer of the State Authority shall consider all
applications received under sub-rule (3) and short list such applications which
fulfill the basic eligibility requirements as provided in section 74 and place
the same before the Chairperson of the State Authority.
(3) The appointment of chairperson and members of the Board shall be made by
the chairperson of the State Authority in accordance with merit.
(4) The State Authority shall, three months prior to occurrence of vacancy
in the office of chairperson or member of the Board, or where such vacancy
arises by reason of death or resignation or removal of such member, initiate
the process for filling up such vacancy in a like manner.
(5) The State Authority shall, from time to time, arrange for the
chairpersons and members of the Board to undergo induction training in mental
health law, mental healthcare and related areas of not less than two working
days.
Rule - 37. Term and conditions of service of chairperson and members of Board.
(1) The chairperson and members of the Board shall hold office for a term of
five years or up to the age of seventy years, whichever is earlier and shall be
eligible for reappointment for another term of five years or up to the age of
seventy years whichever is earlier.
(2) The appointment of chairperson and members of every Board shall be made
by chairperson of the State Authority.
Rule - 38. Honorarium and allowances of chairperson and members of Board.
(1) If a retired Judge of the District Court is appointed as the Chairperson
of the Board, he shall be entitled to a consolidated monthly honorarium which
together with the pension or pensionary value of the terminal benefits or both
received by such person shall not exceed the last pay drawn by him.
(2) If a retired government servant is appointed as a member of the Board,
he shall be entitled to a consolidated monthly honorarium which together with
the pension or pensionary value of the terminal benefits, or both receive by
such person shall not exceed the last pay drawn by him.
(3) If Chairperson or any member of the Board is in service of the State
Government or Central Government, his consolidated honorarium shall be in
accordance with the rules applicable to Government servants of his cadre and he
shall receive travel allowance only for the day of sitting in the Board.
(4) Every member of the Board, who is not a servant of the Government,
attending the meeting of the Board shall be entitled to sitting allowance,
travelling allowance, daily allowance and such other allowances as are
applicable to the officers of pay level - 11 of the State Government.
(5) No additional pension and gratuity, except as provided in sub-rules (1)
and (2), shall be admissible to the chairperson or any member or the Board for
service rendered by him to the Board.
Rule - 39. Decisions of Authority and Board.
(1) The decisions of the Authority or the Board, as the case may be, shall
be by consensus, failing which by a majority of votes of members present and
voting and in the event of equality of votes, the president or the chairperson,
as the case may be, shall have a second or casting vote.
(2) The quorum of a meeting of the Authority or the Board, as the case may
be, shall be three members.
Rule - 40. Term of office for chairperson and members of the Board.
(1) The chairperson and members of the Board shall hold officer for a term
of five years or up to the age of seventy years, whichever is earlier and shall
be eligible for reappointment for a term of five years or up to the age of
seventy years whichever is earlier.
(2) The appointment of chairperson and members of every Board shall be made
by the chairperson of the State Authority.
Rule - 41. Powers and Functions of Board.
(1) Subject to the provisions of the Act, the powers and functions of the
Board shall, include all or any of the following matters, namely:
(a) to register, review, alter, modify or cancel an advance directive;
(b) to appoint a nominated representative;
(c) to receive and decide application from a person with mental illness or
his nominated representative or any other interested person against the
decision of medical officer or mental health professional in charge of mental
health establishment or mental health establishment under section 87 or section
89 or section 90;
(d) to receive and decide applications in respect non-disclosure of
information specified under sub-section (3) of section 25;
(e) to adjudicate complaints regarding deficiencies in care and services
specified under section 28;
(f) to visit and inspect prison or jails and seek clarifications from the
medical officer in-charge of health services in such prison or jail
(2) Where it is brought to the notice of a Board or State Authority, that a
mental health establishment violates the rights of persons with mental illness,
the Board or the Authority may conduct an inspection and inquiry and take
action to protect their rights.
(3) Notwithstanding anything contained in this Act, the Board, in
consultation with the Authority, may take measures to protect the rights of
persons with mental illness as it considers appropriate.
(4) If the mental health establishment does not comply with the orders or
directions of the Authority or the Board or wilfully neglects such order or
direction, the Authority or the Board, as the case may be, may impose penalty
which may extend up to five lakh rupees on such mental health establishment and
the Authority on its own or on the recommendations of the Board may also cancel
the registration of such mental health establishment after giving an
opportunity of being heard.
Rule - 42. Meetings.
The Board shall meet at such times and places and
shall observe such rules of procedure in regard to the transaction of business
at its meetings as may be specified by the State Authority.
Rule - 43. Appeal to High Court against order of Authority or Board.
Any person or establishment aggrieved by the decision
of the Authority or Board may, within a period of thirty days from such
decision, prefer an appeal to the High Court of the State:
Provided that the High Court may entertain an
appeal after the expiry of the said period of thirty days, if it is satisfied
that the appellant had sufficient cause for not preferring the appeal within
the period of thirty days.
CHAPTER VIII MISCELLANEOUS
Rule - 44.
(1) The State Authority
under section-123 of the Act may, by notification, make regulations, consistent
with the provision of this Act and the rules made there under, to carry out the
provisions of this Act.
(2) In particular, and
without prejudice to the generality of foregoing power, such regulations may
provide for all or any of the following matters, namely.
(i) the minimum quality
standards of mental health services under sub-section(9) of section 18;
(ii) the salaries and
allowances payable to, and the other terms and conditions of service (including
the qualification, experience and manner of appointment) of the chief executive
officer and other officers and employees of the State Authority under
sub-section (3) of section 52;
(iii) the manner in which
the State Authority shall publish the list of registered mental health
professionals under clause (d) of sub-section (1) of section 55;
(iv) the times and places
of meetings of the State Authority and rules of procedure in regard to the
transaction of business at its meeting (including quorum at such meetings)
under sub-section (1)of section 56;
(v) the form of
application to be made by the mental health establishment and the fees to be
accompanied with it under sub-section (12) of section 66;
(vi) the manner of filing
objections under sub-section (14)of section 66;
(vii) any other matter
which is required to be, or may be, specified by regulations or in respect of
which provision is to be made by regulations.
Rule - 45.
Every
rules made by the State Government and every regulation made by the State
Authority under this Act shall be laid, as soon as may be after it is made
before each House of the State Legislature under sub section (2) of section 124
of the Act.
Rule - 46.
Any
action taken or any Authority or Board constituted consistent with the
provisions of the Act prior to the commencement of these rules, shall be deemed
to be taken or constituted under these rules.
FORM A
(See rule 17)
INFORMATION ON THE
ACTIVITIES OF THE STATE AUTHORITY
1.
New
Regulations notified;
2.
Number
of orders passed during the year;
3.
Meetings
held during the year;
4.
Number
and details of mental health establishments under the control of the State
Government;
5.
Number
and details of mental health establishments in the State;
6.
Registration
of mental health professionals by the State Authority;
7.
Statement
on references received from the Central Government and the State Government and
action taken thereon;
8.
Quality
and service provision norms for different types of mental health establishments
under the State Government;
9.
Training
imparted to persons including law enforcement officials, mental health professionals
and other health professionals about the provisions and implementation of the
Mental Healthcare Act, 2017 (10 of 2017);
10. Applications for
registration of mental health establishments received accepted and rejected
along with reasons for such rejection;
11. Audit of Mental
Health Establishments along with audit reports;
12. Complaints received
regarding violation of rights of mentally ill Persons and action taken thereon;
13. Details regarding
guidance document for medical practitioners and mental health professionals;
14. Details of inspection
and inquiry of Mental Health Establishments;
15. Number of appeals to
High Court against order of Authority and status thereof;
16. Complaints received
regarding deficiencies in provision of services and action taken thereon;
17. Stakeholders
Consultations;
18. Inquiry initiated by
the Authority/Board;
19. Administration and
establishment matters;
20. Budget and Accounts
with details including balance sheet, income and expenditure account, etc;
21. Any other matter
which may be relevant;
FORM B
[See rules 22(2) and
23]
APPLICATION FOR GRANT
OF PROVISIONAL REGISTRATION/RENEWAL OF PROVISIONAL REGISTRATION OF A MENTAL
HEALTH ESTABLISHMENT
To,
The
State Mental Health Authority,
State
Institute of Health and Family Welfare (SIHFW),
Sheikhpura,
Patna, Bihar.
Dear
Sir/Madam,
I/we
intend to apply for grant of provisional registration/permanent
registration/renewal of provisional registration for the Mental Health
Establishment namely
................................................................. of which I
am/we are holding a valid license/registration for the
establishment/maintenance of such hospital/nursing home. Details of the
hospital/nursing home are given below:
1.
Name
of applicants ...............................................
2.
Details
of license with reference to the name of the authority issuing the license and
date: ...................................
3.
Age:
.........................................................................................................................................................................
4.
Professional
experience in Psychiatry:
......................................................................................................................
5.
Permanent
address of the applicant: ..............................................
6.
Location
of the proposed hospital/nursing home: .........................
7.
Address
of the proposed nursing home/hospital: ..........................
8.
Proposed
accommodations:
(a) Number of rooms:
...............
(b) Number of beds:
................
(c) Facilities provided:
...........................
(d) Out-patient:
..................
(e) Emergency services:
............
(f) In-patient
facilities: ..............
(g) Occupational and
recreational facilities: ...............
(h) ECT facilities and
X-Ray facilities): ...................
(i) Psychological testing
facilities: .......................
(j) Investigation and
laboratory facilities: ..................
(k) Treatment facilities
staff pattern: ......................
Staff Pattern
(a) Number of doctors: ..............................
(b) Number of nurses:
...............................
(c) Number of attendees:
...........................
(d) others:
.................................................
I
am herewith sending a bank draft for Rs. .................... drawn in favor of
.............................................. as application fee.
I
hereby undertake to abide by the rules and regulation of the Mental Health
Authority.
I
request you to consider my application and grant the license for
establishment/maintenance of psychiatric hospital/nursing home.
Yours
faithfully
Signature
Name............................
Date..............................
FORM C
[See rule 23(3)]
CERTIFICATE OF
PROVISIONAL/REGULAR REGISTRATION/RENEWAL OF PROVISONAL/REGULAR REGISTRATION
The
State Authority, after considering the application dated ..................
submitted by............................................ under Section 65 (2)
or Section 66 (3) or Section 66(10) of the Mental Healthcare Act, 2017 (10 of
2017), hereby accords provisional/regular registration/renewal of
provisional/regular registration to the applicant mental health establishment
in terms of Section 66 (4) or section 66 (11) and Rule 23(3) as per the details
given hereunder:
Name:
Address:
No.
of Beds:
The
provisional registration certificate issued is subject to the conditions laid
down in the Mental Healthcare Act, 2017 (10 of 2017) and the rules and
regulations made there under and shall be valid for a period of twelve months
from the date of its issue and can be renewed.
Place:
Date:
Registration
Authority
Seal
of the Registration Authority
FORM D
(See rule 26)
REGISTER OF MENTAL HEALTH ESTABLISHMENTS
(IN DIGITAL FORMAT)
Separate
table for each category of mental health establishment Category -
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Sl. No.
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Name & address of the applicant
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Name of the establishment and
address
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Date of the application
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Date and particulars of registration
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No. of beds
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Remarks
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FORM E
[See rule 26(2)]
(Separate table for each category of mental health
professionals) Category of Mental Health Professionals -
|
Sl. No
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Full Name & address of the
applicant
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Qualification/Institute
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Registration No.
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Place of practice/work
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Contact Number/Email
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Remarks
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the Psychiatric
Social Workers will be registered as the Mental Healthcare Act, 2017 (10 of
2017), shall prescribed.
FORM F
[see rules 26(3)]
APPLICATION FOR GRANT OF REGISTRATION/RENEWAL OF
REGISTRATION OF A MENTAL HEALTH PROFESSIONAL
To,
The State Mental
Health Authority,
State Institute of Health
and Family Welfare (SIHFW),
Sheikhpura, Patna,
Bihar.
Dear Sir/Madam,
I intend to apply
for grant of registration/renewal of registration for the Mental Health
Professionals in following sub-category,
Category of Mental
Health Professionals -
|
Sl. No
|
Full Name & address of the
applicant
|
Qualification/Institute
|
Registration No. And Year
|
Place of practice/work
|
Contact Number/Email
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Remarks
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1. Name-
2.Address for correspondence-
3. Permanent Address-
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I am herewith
sending a bank draft for Rs. .................... drawn in favour of
.............................................. as application fee.
I hereby undertake
to abide by the rules and regulation of the Mental Health Authority.
I request you to
consider my application and grant the registration for the Mental Health
Professional to practice in Bihar State.
Yours
faithfully
Signature
Name
Dated
this is not
applicable for Psychiatric Social Worker
FORM G
[See rules 26(4)]
CERTIFICATE OF
PROVISIONAL REGISTRATION/RENEWAL OF PROVISONAL REGISTRATION OF A MENTAL HEALTH
PROFESSIONAL
The
State Authority, after considering the application dated
................submitted by
......................................................................... under
Section 55 (1) (d) of the Mental Healthcare Act, 2017 (10 of 2017), hereby
accords registration/renewal of registration to the applicant, as mental health
professionals category ........................
Registration
No:
Name: -
Address
The
registration certificate issued is subject to the conditions laid down in the
Mental Health care Act, 2017 (10 of 2017) and the rules and regulations made there
under and shall be valid for a period of ten years from the date of its issue
and can be renewed.
Place:
Date:
Registration
Authority
Seal
of the Registration Authority
FORM H
[see rules 18(1)]
ANNUAL REPORT OF
STATE AUTHORITY
1.
Introduction.
2.
Profile
of the Authority's Members
3.
Scope
of Regulation
4.
New
Regulations/procedures etc. notified/issued
5.
Orders
passed by the Authority
6.
Meetings
of the State Mental Health Authority held during the year
7.
Mental
health establishments under the control of the State Government
8.
Mental
health establishments in the State
9.
Registration
of mental health professionals by the State Authorities
10. A statement on
references received from Central and State Governments and action taken thereon
11. A statement on
references sent to the Central and State Governments and action taken thereon
by the respective Governments
12. Quality and service
provision norms for different types of mental health establishments under the
State Government
13. Supervision of mental
health establishments under the State Government and action taken on the
complaints received about deficiencies in provision of services therein
14. Training imparted to
persons including law enforcement officials, mental health professionals and
other health professionals about the provisions and implementation of the
Mental Healthcare Act, 2017 (10 of 2017)
15. Applications for
registration of mental health establishments received accepted and rejected
along with reasons for such rejection.
16. Audit of Mental
Health Establishments
17. Complaints received
regarding violation of rights of Mentally ill persons and action taken thereon
18. Details regarding
guidance document for medical practitioners and mental health professionals
19. Implementation of RTI
Act, 2005 (No. 22 of 2005)
20. Details regarding Sexual
Harassment of Women at Workplace under Section 22 of The Sexual Harassment of
Women at Workplace (Prevention, Prohibition arid Redressal) Act, 2013 (No. 14
of 2013).
21. Inspection and
Inquiry of Mental Health Establishments
22. Appeals to High Court
against order of Authority and status thereof
23. Status of review of
use of advance directives and recommendations of the Authority in respect
thereof.
24. Complaints received
about deficiencies in provision of services and action taken thereon.
25. Inquiry initiated by
the Authority
26. Administration and
establishment matters
27. Annual Accounts
28. Any other-matter
which in the opinion of the Authority needs to be highlighted
FORM I
[See rules 24 &
25]
APPLICATION FOR GRANT
OF REGULAR REGISTRATION/RENEWAL OF REGULAR REGISTRATION OF A MENTAL HEALTH
ESTABLISHMENT
To,
The
State Mental Health Authority,
State
Institute of Health and Family Welfare (SIHFW),
Sheikhpura,
Patna, Bihar.
Dear
Sir/Madam,
I/we
intend to apply for grant of regular registration/renewal of regular registration
for the Mental Health Establishment namely
.......................................... of which I am/we are holding a valid
license/registration for the establishment/maintenance of such hospital/nursing
home. Details of the hospital/nursing home are given below:
1.
Name
of applicants ...............................................
2.
Details
of Provisional/Regular Registration Certificate with reference to the name of
the authority issuing the Certificate of Registration and date:
...................................................................................................
................................................................................................................................................................
3.
Age:
....................................
4.
Professional
experience in Psychiatry:......................
5.
Permanent
address of the applicant: ..............................................
6.
Location
of the proposed hospital/nursing home: .........................
7.
Address
of the proposed nursing home/hospital: ..........................
8.
Proposed
accommodations:
(a) Number of rooms:
.........................
(b) Number of beds:
..........................
(c) Facilities provided:
.....................
(d) Out-patient: ..................................
(e) Emergency services:
......................
(f) In-patient
facilities: ..........................
(g) Occupational and
recreational facilities: .................................
(h) ECT facilities and
X-Ray facilities): .....................................
(i) Psychological testing
facilities: ...............................................
(j) Investigation and
laboratory facilities: ....................................
(k) Treatment facilities
staff pattern: .............................................
Staff Pattern
(l) Number of doctors:
......................
(m) Number of nurses:
.........................
(n) Number of attendees:
..................
(o) others:
.........................................
I
am herewith sending a bank draft for Rs. .................... drawn in favor of
.............................................. as application fee.
I
hereby undertake to abide by the rules and regulation of the Mental Health
Authority.
I
request you to consider my application and grant the license for
establishment/maintenance of psychiatric hospital/nursing home.
Yours
faithfully
Signature
Name
............................
Date
..............................